| 1 | 1 | | 81R11003 JTS-D |
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| 2 | 2 | | By: Maldonado H.B. No. 3311 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of a permit for a municipal solid waste |
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| 8 | 8 | | landfill located near certain municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 361.1235 to read as follows: |
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| 12 | 12 | | Sec. 361.1235. CONSENT TO LOCATION OF SOLID WASTE LANDFILL |
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| 13 | 13 | | NEAR CERTAIN MUNICIPALITIES. (a) The commission may not issue a |
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| 14 | 14 | | permit for a municipal solid waste landfill unless the commission |
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| 15 | 15 | | receives written consent to the permit from the governing body of |
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| 16 | 16 | | each municipality that has: |
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| 17 | 17 | | (1) any part of its municipal boundary located five |
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| 18 | 18 | | miles or less from the proposed landfill; and |
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| 19 | 19 | | (2) a population of more than 5,000. |
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| 20 | 20 | | (b) The governing body of a municipality may not provide |
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| 21 | 21 | | consent under Subsection (a) if: |
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| 22 | 22 | | (1) that governing body determines that the health, |
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| 23 | 23 | | safety, or welfare of the residents of the municipality may be |
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| 24 | 24 | | negatively affected by the landfill; |
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| 25 | 25 | | (2) the landfill site or the operation of the landfill |
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| 26 | 26 | | fails to comply with the land use and zoning regulations of the |
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| 27 | 27 | | municipality; or |
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| 28 | 28 | | (3) the landfill site or the operation of the landfill |
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| 29 | 29 | | fails to correspond with the municipality's land use and |
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| 30 | 30 | | development plans. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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